Wintrode v. Rubino (In re Rubino)

MEMORANDUM AND ORDER DISMISSING COMPLAINT DETERMINING OBLIGATION N ON-DISCHARGEA-BLE

WM. B. WASHABAUGH, Jr., Bankruptcy Judge.

The plaintiffs Nevin L. Wintrode and his wife purchased a 1974 Mercedes-Benz from the defendant-debtor for which they paid the purchase price of $8,000.00 by check. The plaintiff cancelled the purchase for no stated reason four days later and on asking for the return of his check was told that the plaintiff had cashed it and would endeavor to sell the ear and return the $8,000.00 purchase money and half of any profit when he completed said sale.

The plaintiff kept in…